Mar. 28th, 2005

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Hilzoy makes a brilliant post in which she points out that the Florida State Legislature, which "tried to save Terri" once, could in fact have "saved" Terri at any time. Their problem has been that they've been approaching this case from a personal point of view: that it's all about "saving Terri." If "saving Terri" were all that important to them, they could have amended FL 765.4, the section of Florida Law that outlines the procedure for determining who shall make decisions for a permanently incapacitated person.

The law is rather clear. They are, in order, (1) a court-appointed guardian, (2) the spouse, (3) the person's children, (4), the person's parents. Michael Schiavo, by going to the courts for clarification, is as far as I can tell both (1) and (2). The Guardian Ad Litem basically said that Schiavo is representing Terri's wishes adequately.

Hilzoy doesn't go into why the Florida Legislature refused to tinker with this law, but I think it needs to be spelled out: the current order is conservative tradition. After the court has turned down its option to appoint a guardian, those with the most on the line get the most authority. For centuries, spouses have been responsible for the fate of incapacitated partners, and children for the fate of incapacitated parents. Terri's parents have attempted to intervene in the adult Terri's life by legal dicta; this is an affront to conservative tradition that most people have overlooked in this whole sordid affair.

While the wingnuts go berserk about "judicial tyranny," we should applaud the judges for obeying the law, and we should applaud the legislature for not overturning thousands of years of conservative tradition.
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For those of you following other news, the Dover, Pennsylvania School Board has been wrestling with the less-than-stellar dilemma of being the first school district in the nation to teach "Intelligent Design". Now, you all know my feelings on the subject, but I swear I had a coffee-and-keyboard moment this morning when I read Pastor Ray Mummert, a local supporter of the idea, tell his side of the story, including this utterly priceless gem:

"We've been attacked by the intelligent, educated segment of the culture."

Yes, Pastor, God forbid in all his powers that your children should join the intelligent, educated segment of the culture! Think about what will be lost if the become intelligent, educated people themselves!
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In Bill Keane's house, dead Cthulhu lies screaming.

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Elf Sternberg

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